How the New Jersey Tort Claims Act Impacts Your Case
If you’ve experienced harm involving a government entity or public employee in New Jersey, you may be wondering if legal action is an option. The New Jersey Tort Claims Act (NJTCA) provides a structured process for filing claims against public entities, offering a way for citizens to seek justice while also outlining specific protections for the government. Understanding how the NJTCA affects your case is crucial, especially when it comes to time limits, forms, and notice requirements. Seeking legal counsel will help you dive into the details of how the NJTCA impacts your case.
What is the New Jersey Tort Claims Act?
According to the NJTCA (N.J.S.A59:2-2), a person who may have a claim against a public entity or one of its employees must file the claim within ninety days of the claimed incident. Here are the key principles of the NJTCA:
- Government Liability: While the NJTCA allows claims against government entities, it limits them to protect public resources and prevent frivolous lawsuits.
- Notice Requirements: Plaintiffs must notify the public entity within a specified timeframe of their intent to file a claim, ensuring that the government has the opportunity to investigate and address the issue promptly.
- Restricted Claims: The NJTCA bars certain types of claims, such as those arising from natural disasters or discretionary government decisions.
- Notice of Claim: Within ninety days following the incident, claimants must submit a Notice of Claim to the public entity. This notice must include the claim’s specifics, such as the incident’s circumstances, the type and severity of the personal injury, and the requested damages.
- Statute of Limitation: In order to give the public entity time to look into and possibly settle the claim, the claimant must wait six months after submitting the Notice of Claim before filing a lawsuit.
How Does the New Jersey Tort Claims Act Statute of Limitations Affect Your Case?
One of the most critical aspects of the NJTCA is its statute of limitations. Under this act, individuals have a shorter time frame to initiate a claim compared to standard civil lawsuits:
- 90-Days Filing: After an injury or property damage incident, claimants have 90 days from the date of the incident to file a notice of claim.
Two-Years for Filing: If the government entity denies your claim or fails to respond within six months, you can file a lawsuit within two years from the incident date.
What are New Jersey Tort Claims Act Notice Requirements?
The NJTCA imposes strict notice requirements that claimants must follow to proceed with a case. Here are certain requirements for filing a claim against a New Jersey government entity:
- Written Notice: The initial notice of claim must be in writing and adhere to the 90-day timeline. It must be delivered to the appropriate government office or official responsible for addressing tort claims within the entity.
- Specificity: The notice must be detailed, and the exact information about the incident and why you believe the public entity is at fault must be provided.
- Verification: Some entities require claimants to sign an affidavit verifying the information provided in the notice. If omitted, this could result in dismissal.
What are the Types of Claims Preserved Under New Jersey Tort Claims Laws?
Some of the common claims preserved under the New Jersey Tort Claims Act Title 59:
- Dangerous situation of public property,
- State and local employee’s automobile negligence,
- A public servant’s negligence in doing their regular duties.
How to File a Tort Claims Act in New Jersey?
You can make a claim under Title 59 of the New Jersey Tort Claims Act if you were hurt as a result of the state of New Jersey or one of its agencies’ negligence.
- Name and Address of the claimant.
- Date, Time, and Location of the incident.
- Details of what occurred, any negligent actions, or conditions that contributed to the injury or loss.
- A description of physical injuries, property damage, and any economic loss resulting from the incident.
- Details about the government body or employee allegedly responsible.
Why Should You Consider Legal Assistance for the NJTCA?
- Notice Requirements: Our lawyer will ensure that you meet the 90-day notice deadline, submit the correct New Jersey tort claims act form, and accurately document the details of your claim.
- File a Complaint: A lawyer who is knowledgeable about personal injury laws New Jersey can guide you through completing the NJTCA form to avoid errors that could result in delays or dismissal.
- Immunity Issues: Your lawyer can analyze your case to identify any immunity issues under Title 59, helping to prevent your case from being prematurely dismissed.
- Fair Compensation: From negotiating with government entities to representing you in court, a lawyer can help maximize your compensation while respecting the NJTCA’s limitations.
With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C., bring unparalleled knowledge and competence to every case. Their legal knowledge will protect your rights as they support you through the court system. You don’t need to worry about your legal proceedings or charges because of their understanding and knowledge.
Tort claims act in New Jersey provides a path for individuals to seek justice against government entities, but it also sets forth strict requirements that can make filing a claim challenging. From the 90-day notice requirement to the two-year statute of limitations, understanding the NJTCA is essential for protecting your rights and receiving fair compensation.
If you’ve been injured in an incident involving a public entity or employee, reaching out to an attorney experienced in NJTCA cases can make all the difference in successfully navigating this complex legal process. Contact us today.
FAQ’s:
NJTCA governs how and when individuals can file claims against government entities for damages. It imposes specific procedures, deadlines, and limitations to protect public resources.
Anyone who has been injured or suffered loss due to the actions of a government entity or employee in New Jersey may file a claim using New Jersey tort claims act form, provided they meet the requirements and deadlines set by the NJTCA.
New Jersey tort claims act mandates that claimants must submit a notice of claim within 90 days of the incident. This notice informs the government entity of the intent to seek compensation.
If your claim is denied or unresolved, you have two years from the date of the incident to file a lawsuit, as required by the NJTCA.
